Making a False Statement in a License Application
Massachusetts General Laws Chapter 90 Section 24 makes it a crime to make a false statement in your application for your learner's permit or driver's license. A conviction for this crime requires proof beyond a reasonable doubt that you made an application for a driver's license or permit, that you made a false statement in such application and that you knew that the statement was false when you made it. For the most part this crime is self-explanatory. There is very little case law on this crime. A 1974 Massachusetts Appeals Court cases discusses aspects of this law, in particular the knowledge element. That case, Commonwealth v. Kraatz, 2 Mass.App.Ct. 196 (1974) states that making 'false statements' in an application for a driver's license implies scienter and that guilty knowledge is an essential element of the offense.
The penalty for a conviction of this offense is a "fine of not less than twenty dollars nor more than two hundred dollars or by imprisonment for not less than two weeks nor more than two years, or both".
The majority of false statement in license application cases we have defended involve certain ethnic groups. Many of these cultures have nuances to their names that are inconsistent with conventional names. For instance, children may take their mother’s last name yet in school they are known by their father’s last name. When they go apply for their driver’s license they use a name that they have been using yet was not their proper legal name for registry purposes. Problems like this can be easily remedied if your lawyer has experience defending these types of cases. In other situations we have had clients who used an address at which they did not actually live due to transient occupational situations. Usually the address used was their parents address. They knew that they would get their mail there and believed that at least temporarily this would be a more suitable address. Again, with the help of a lawyer who has defended these matters you should see a successful resolution.
Attorney Stephen Neyman is a Massachusetts Criminal Defense Lawyer who has handled hundreds of motor vehicle crimes. Motor vehicle crimes are among the most prevalent cases addressed in Massachusetts District Courts. While the actual punishment for a conviction of this offense might not seem severe it is important to note that a conviction will result in you having a criminal record. There are other consequences that you should consider. The Registry of Motor Vehicles can in many instances revoke your operating privileges. That is why it is critical that you understand the consequences of your actions when you go into court to defend your case.
The best way to protect your rights is to hire a lawyer immediately. Whether you have been charged with a motor vehicle offense or any other crime our office is prepared to answer your questions and protect your rights. Our office has successfully defended hundreds of Massachusetts motor vehicle crimes. Act now by contacting Attorney Stephen Neyman online.
Charges of falsely procured Massachusetts license dismissed on court costs
Framingham District Court: It was alleged that our client, a Washington D.C. woman, used a social security number issued to another person from Tennessee to obtain a Massachusetts driver's license. It was alleged that she paid an RMV clerk a sum of money to get the falsely obtained license and that she had multiple false social security numbers and aliases. Today, Denise Dolan of our office was able to get the charges dismissed upon the payment of court costs.
Charges of False License against local college student to be dismissed
Brighton District Court: A police officer found our client, a freshman from a local college, drunk and passed out on the sidewalk. When the officer was eventually able to wake our client up, our client produced a fake California license and told the officer that it was a fake ID. After watching our client pass through several different driver’s licenses in his wallet, the officer found three additional fraudulent driver’s licenses. Denise Dolan of our office was able to get the case resolved through pre-trial probation, and the charges will be dismissed next year provided that our client stays free of criminal legal issues.